STATE OF UTTAR PRADESH v. GAURAV KUMAR
Discusses environmental regulations, impact assessments, and sustainable development principles applicable across various legal domains.
Court: Supreme Court of India
Citation: 2025 INSC 650
Decision Date: 08-05-2025
List of Laws
Environment Protection Act, 1986; EIA Notification, 1994; Mines and Minerals (Regulation and Development) Act, 1957; General Principles of Law; The National Green Tribunal Act, 2010
- Environment Protection Act, 1986: The judgment discusses the Environment Protection Act, 1986 as an overarching legislation governing the field of environment protection. Section 3 empowers the Central Government to take measures to protect and improve the environment. Section 3(2)(v) read with the Environment Protection Rules, 1986, empowers the Ministry of Environment, Forest and Climate Change (MoEFCC) to issue EIA Notifications. Section 5 gives the Central Government the power to issue directions. The judgment also mentions Section 3(1) and clause (v) of sub-section (2) of Section 3 of the Act. The judgment also refers to Section 3(3) regarding the constitution of authorities.
- EIA Notification, 1994: The judgment states that the EIA Notification, 1994 made environmental clearance mandatory for certain industrial and developmental projects, including mining. It introduced a structured process for assessing the potential environmental consequences of proposed projects before granting approval. Schedule I enumerated 29 categories of projects that necessitated prior EC, including Item 20 pertaining to mining projects. Para 2 required project proponents to intimate the Government of the location site.
- Mines and Minerals (Regulation and Development) Act, 1957: The judgment mentions that Parliament enacted the Mines and Minerals (Regulation and Development) Act, 1957. Section 2 of MMRD Act is the declaration that it is expedient in the public interest that the Union should take under its control regulation of mines and development of minerals as indicated in Schedule I.
- General Principles of Law: The judgment emphasizes the importance of sustainable development with effective regulation in the context of sand mining. It underscores the need for a balanced approach that prioritizes environmental conservation while allowing for societal progress. The judgment also highlights the precautionary principle in environmental policy, stating that it is not only legal and valid but also mandatory and must be enforced strictly. The judgment emphasizes the importance of informed decision-making based on comprehensive assessments like the District Survey Report (DSR).
- The National Green Tribunal Act, 2010: The judgment refers to the National Green Tribunal Act, specifically mentioning that the respondent approached the NGT invoking sections 14 and 18, contending that the e-auction notice was illegal.
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